Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Agriculture, Food, Fisheries and Rurality,
Having regard to Council Regulation (EC) No. 1788/2003 of 29 September 2003 establishing a levy in the milk and dairy sector;
Having regard to Commission Regulation (EC) No. 595/2004 of 30 March 2004 on the terms and conditions for the application of Council Regulation (EC) No. 1788/2003 establishing a sampling in the dairy and dairy sector;
Having regard to Council Directive No. 92/46/EEC of 16 June 1992 as amended to stop sanitary rules for the production and marketing of raw milk, heat treated milk and milk-based products;
Considering the rural code, including articles R.* 654-39 to R.* 654-101;
Considering the criminal code;
Considering the general code of territorial authorities;
Having regard to Decree No. 2002-1353 of 12 November 2002 on the granting of compensation for the total or partial abandonment of dairy production;
Based on the opinion of the Board of Directors of ONILAIT dated 18 November 2004,
Decrete:
Article 2 of the above-mentioned Decree of 12 November 2002 is replaced by the following provisions:
“Art. 2. - The amount of the allowance is calculated by operation, depending on the producer's reference quantity for the delivery of dairy or for direct sale, by application of the following scale:
0.19 euro per litre within 100,000 litres;
0.10 euro per litre of 100 001 to 150,000 litres;
0.06 euro per litre of 150 001 to 200,000 litres;
Euro 0.01 per litre above 200,000 litres.
However, for the 2004-2005 campaign, the amount of compensation is calculated by applying the following scale:
0.23 euro per litre within 100 000 litres;
Euro0.12 per litre of 100 001 to 150,000 litres;
0.07 euro per litre of 150 001 litres to 200,000 litres;
Euro 0.012 per litre above 200,000 litres.
The additional reference quantities, granted on the basis of R.* 654-61 to R.* 654-63 and R.* 654-72 to R.* 654-74 of the rural code, are excluded from the compensation calculation plate.
However, this provision does not apply, for the 2004-2005 campaign, to producers whose sum of the reference quantities for delivery and direct sale does not exceed 100,000 litres.
For producers whose sum of the reference quantities for delivery and direct sale, excluding the additional reference quantities, granted on the basis of sections R.* 654-61 to R.* 654-63 and R.* 654-72 to R.* 654-74 of the rural code, is less than 100,000 litres, but whose entire reference is greater than 100,000 litres, this provision no longer applies to the 2004-05 farmer.
In the event of partial abandonment of production, the additional reference quantities excluded from the compensation plate are assessed on the prorated basis of the said additional quantities, referred to above, in the entire reference.
The calculation of the allowance referred to in the first paragraph is appropriate to take into account the current land transfers or the effective date prior to the filing date of the claim. »
Article 3 of the above-mentioned Decree of 12 November 2002 is replaced by the following provisions:
“Art. 3. - The right to benefit from this allowance shall be open within the limits of the amounts collected under the conditions provided for in article 13 of the above-mentioned Regulation (EC) No. 1788/2003 and, where applicable, within the limits of the financing of the local authorities, of the dairy interprofessional defined by the provisions of the rural code, of the purchasers of milk and dairy products or refiners.
The above funding is allocated by region or, where applicable, by department, by decision of the Minister of Agriculture, Food, Fisheries and Rural Affairs.
If, at the regional level, the amount of the envelope provided for in the preceding paragraph is not used in full, the relics identified will be assigned to requests not yet taken into account, according to the order of priority defined in Article 7.
As part of the funding referred to in the first paragraph, buyers can only intervene if some of their deliverers on the first day of the dairy campaign enter one of the following categories:
- young farmers who meet the conditions set out in Decree No. 81-246 of 17 March 1981 or articles R.* 343-3 to R. 343-19 of the Rural Code relating to the settlement of young farmers who settled after 1 April 1984 and before 1 November 1988;
- producers with a development plan or a material improvement plan mentioned by the decree of 30 October 1985 referred to above and having approved their plan after 1 April 1984 and before 1 November 1988,
and which will not be able to receive an additional amount of reference before the last day of the dairy season within the limits of their needs. The amount that each purchaser is allowed to finance is capped to the required litters, as determined by the ONILAIT.
The financing of the territorial authorities, the dairy interprofessionals, buyers or refiners are put in place within the framework of the conventions with the State and are paid to the ONILAIT which uses them when the funds referred to in paragraph 1 are exhausted. These conventions must be signed before February 1 of each dairy campaign.
ONILAIT may participate in the financing of agreements concluded with buyers or refiners, by means of the sums paid under Article L. 654-32 of the Rural Code; However, this funding cannot exceed 50 per cent of the budget of each convention.
The amounts of compensation in respect of the financing of the territorial authorities, the dairy interprofessionals, buyers or refiners are paid at the rates set out in section 2 and are recorded separately. »
As an exception, the deadline for sending or filing the application is 31 December 2004 for the 2004-2005 campaign.
The last paragraph of Article 7 of the above-mentioned Decree of 12 November 2002 is replaced by the following provisions:
"These same criteria are applied to applications eligible for funding from local authorities, dairy interprofessionals, buyers or refiners referred to in Article 3. »
The Minister of Economy, Finance and Industry, the Minister of Agriculture, Food, Fisheries and Rural Affairs, and the Minister for Budget and Budget Reform, Spokesperson of the Government, are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 23, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Agriculture, Food,
fisheries and rurality,
Dominic Bussereau
Minister of Economy,
finance and industry,
Hervé Gaymard
Minister for Budget
and budgetary reform,
Government spokesperson,
Jean-François Copé
